Ross, Christopher v R [2019] NSWCCA 314

Ross, Christopher v R [2019] NSWCCA 314

Leave to appeal was warranted by the nature of the issues, but the appeal was dismissed because the sentencing judgment disclosed no error: the putative sentences were not shown to be manifestly excessive or to have affected the aggregate sentence beyond the legitimate range; the sentencing judge recognised and applied the principles concerning disadvantaged background and moral culpability; and the aggregate sentence, including its commencement date and concurrency with earlier sentences, did not offend the totality principle or otherwise demonstrate manifest excess.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manifest Excess' 'domestic Violence Offences' 'aggregate Sentence' 'indicative Sentences' 'subjective Circumstances' 'totality Principle' 'influencing a Witness']
['criminal Law' 'sentencing'] ['manifest Excess' 'domestic Violence Offences' 'aggregate Sentence' 'indicative Sentences' 'subjective Circumstances' 'totality Principle' 'influencing a Witness']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the aggregate sentence imposed on the applicant was manifestly excessive.' 'Whether the putative sentences for the individual offences demonstrated error in the aggregate sentence.' "Whether the sentencing judge failed to give effect to findings about the applicant's disadvantaged background and drug dependency." 'Whether the aggregate sentence failed to account for the real life operation of the total period in custody.']

Ratio Decidendi

Leave to appeal was warranted by the nature of the issues, but the appeal was dismissed because the sentencing judgment disclosed no error: the putative sentences were not shown to be manifestly excessive or to have affected the aggregate sentence beyond the legitimate range; the sentencing judge recognised and applied the principles concerning disadvantaged background and moral culpability; and the aggregate sentence, including its commencement date and concurrency with earlier sentences, did not offend the totality principle or otherwise demonstrate manifest excess.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant the applicant leave to appeal against the aggregate sentence imposed on him in the District Court on 8 March 2019.' 'Dismiss the appeal.']